Changes Are Almost Here…Important Dates To Keep In Mind

We’ve been waiting for changes to the Condominium Act, 1998 for years. Five years to be exact.  On June 8, 2012, the Ministry of Consumer Services announced that the Government was to launch a “Condo Review Consultation.   On December 3, 2015, Bill 106, Protecting Condominium Owners Act, 2015 received Royal Assent.  Since then, we’ve been watching and waiting as the regulations have been drafted.

After much anticipation (and trepidation) the Phase I changes are coming into force.  Here are some important dates that you need to be aware of:

November 1, 2017:

• Phase 1 of the amendments to the Condominium Act, 1998, come into force. These changes address:

Information Certificates (to be issued by condominium         corporations)

Notices from corporations to owners and mortgagees

Required Disclosure by Directors and Director Candidates

Mandatory Training for Directors

New Procedures in relation to Meetings [If you have a meeting scheduled on or after December 10, 2017 see below for requirements that apply.]

Quorum and Voting

Voting Requirements for By-laws

Record-keeping and durations

Access to records

For more details, click here for Jim Davidson’s article in Condo Contact.

• The licensing provisions of the Condominium Management Services Act, 2015 (“CMSA”) come into force.

• The Condominium Authority Tribunal (CAT) will begin accepting applications. Disputes about records will be the first type of dispute that can be filed with the CAT.

• The Condominium Management Regulatory Authority of Ontario is to be designated as the administrative authority for the CMSA.

November 25, 2017:

Condo Act Primer hosted by Davidson Houle Allen Condominium Law –   Join us as we complete a walk-through of the Phase I Condominium Act amendments, with ample opportunity for questions. For more details, click here.

December 10, 2017

• If you have a meeting of owners scheduled on or after December 10, 2017 (that you did not provide notice of prior to November 1, 2017) you must comply with the new procedures in relation to meetings, including the Preliminary notice requirements and new prescribed forms (expected to be available soon!) for Meeting Notices and proxies.

December 31, 2017

• All Condominium Corporations must be registered with the Condominium Authority of Ontario and fees from September 1, 2017 to March 31, 2018, must be paid. What happens if you don’t register?  Review our blog to see.

• This is the final date for a Corporation to provide a Periodic Information Certificate (PIC) if the last day of the first quarter fiscal end or third quarter fiscal end is on November 1, 2017.

• A PIC must be delivered within 60 days of the end of the first and third fiscal quarter.  Be sure to review the fiscal end date for your first and third fiscal quarter and set reminders that your PICs are due within 60 days of those dates.

[Note: To see if your condominium qualifies for an exemption from producing information certificates, check out our blog respecting exceptions.]

February 1, 2018

• The remainder of the changes to the Condominium Management Services Act, 2015 come into force.

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Are There Any Exceptions to the Requirements in the New Condominium Act?

As many of our readers know, the new Condominium Act (the “Act”) amendments that are soon to be in effect will create new requirements and obligations for condominiums and their Boards. What our readers may not know is that the amendments also contain some exceptions to these new requirements and obligations.

In this blog, we provide an overview of a few of these exceptions.

  • Notices to be filed with the Condominium Authority

As outlined in an earlier blog, condominium corporations will be obligated to file certain “Returns” and notices with the Condominium Authority, and will in particular be required to notify the Authority of any changes to the membership of the Board.  However, a condominium corporation will not be required to file a notice of change where a director is re-elected immediately following a preceding term of office (see section 9.3(2) of the Condominium Act for this exception).

  • Information Certificates

Condominium corporations will be required to send out certain information certificates (including periodic information certificates, and new owner information certificate).  However, where certain conditions are met, including where 80% of owners have consented in writing to dispensing with the requirement to send such certificates, the condominium corporation may be exempt from this requirement (see section 60(5) of the Condominium Act for this exception).

  • Matters to be adjudicated by the Condominium Authority Tribunal

The Condominium Authority Tribunal will adjudicate most matters that it is requested to consider, except disputes involving:

  • Title to any real property (units or common areas)
  • Easements
  • Occupier’s liability
  • Condominium liens
  • Prohibited activities described in s. 117 of the act., or
  • The constitutionality of any provisions of the Act or Regulations (see generally sections 1.35 – 1.42 of the Condominium Act for these exceptions).

Davidson Houle Allen LLP would like to thank our Articling Student, David Lu, for his contribution in preparing this Blog.

Stay tuned to Condo Law News for other blogs about the amendments to the Condominium Act, and upcoming events.

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Summary of the Proposed Regulations Now Available: the Condominium Database, and Filing Returns

Regulations supporting certain amendments to the Condominium Act, 1998 are being proposed relating to:

  • Condominium Returns which Condominium Corporations are going to have to file with the Registrar (appointed by the CAO); and,
  • the creation of the publicly accessible Database of information about Condominium Corporations in Ontario.

These changes are anticipated to come in to effect in early 2018.

The Summary and proposed Regulation provisions are available here.


Condominium Corporations may have to file any of the four types of Returns proposed (depending on whether the Condominium Corporation is created before or after the Return provisions are in force), which include:

  • Initial Return
  • Turn-Over Return
  • Transitional Return
  • Annual Return

If the Condominium Corporation was created after the Return provisions come into force, the Condominium Corporation would have to file an Initial Return and Turn-Over Return.

If the Condominium Corporation was created prior to these Regulations being in force it would have to file a Transitional Return.

In addition, each Condominium Corporation will also have to file an Annual Return.

The required content for the Transitional and Annual Returns are similar in content to each other. The information required includes basic identifying information (name of Condominium and type of Condominium, address for service, municipal address) as well as information about the names of directions, number of units, maximum number of votes that could be counted at an owners meeting, management information, fiscal year, whether an administrator or inspector is appointed by the Court, and the date of the last AGM. A Condominium Corporation may choose to provide an email address as well.

Annual Returns must be filed between January 1 and March 31 of the current fiscal year.

Notices of Change are also required to be filed with the Registrar to update various changes to the information in the Returns, within 30 days of the change.

Returns and Notices of Change will be filed electronically other another method prescribed by the Registrar.


The proposed publicly accessible database will be available for non-commercial purposes. It will be accessible on the Internet, will be maintained by the Registrar, and will contain all of the information filed by Condominium Corporations in their respective Returns (except email addresses, if provided) as well as any information about s. 134 orders against the Condominium Corporation that relate to non-compliance with provisions dealing with condominium Returns.

Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .

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Ministry Announces New Dates for Arrival of Condo Law Changes

The Ministry of Government and Consumer Services has announced new dates for the planned arrival of changes to Ontario’s Condominium Laws.   Click here for the recent announcement from the Ministry.

Here’s a quick summary of the “next steps” noted by the Ministry:

September 1, 2017:

The new Condominium Authority of Ontario (responsible for various new administrative matters) will become effective.

November 1, 2017

The Phase I amendments to the Condominium Act will come into force.

The new licensing requirements for condominium managers will come into force.

The Condominium Management Regulatory Authority of Ontario (which will deal with licensing and regulation of condominium managers) will become effective.

The Condominium Authority Tribunal (which will deal with certain condominium law disputes) will become effective.

February 1, 2018

The remainder of the Condominium Management Services Act (apart from licensing matters) will come into force.

In the “near future”, the Ministry will also release:

New forms under the Condominium Act.

A set of plain language guides and fact sheets respecting the new condominium law changes.

The education and exam requirements for condominium managers.

We don’t yet have an indicated target date for the further changes to the Condominium Act (after Phase I), but we know that those changes are “in the works”.

Hold on tight.  The changes are getting closer!

Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .

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